Declaration

Cal. Super. - 6th Dist.May 4, 2021

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21 CV381 366 Santa Clara - Civil JACK H. POGOSIAN, State Bar No.1 305741 CHRISTINA ARNOLD, State Bar No.: 297590 HYO JIN JULIA IUNG, State Bar No.: 316090 MELINE GRIGORYAN, State Bar No.: 321 133 MICHAEL D. KAHN, State Bar No.: 236898 ABRIL F. SAGLIO-RUIZ, State Bar No.: 299586 350 CAMINO DE LA REINA, SUITE 100 SAN DIEGO, CA 92108 Telephone: (866) 300-8750 Facsimile: (858) 309-1588 Attorneys for Plaintiff Electronically Filed by Superior Court of CA, County of Santa Clara, on 7/14/2021 6:29 PM Reviewed By: D Harris Case #21 CV381366 Envelope: 6849524 SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA DOWNTOWN SUPERIOR COURT MIDLAND CREDIT MANAGEMENT, INC. Plaintiff, V. MAYRA DIAZ Defendant(s). Case No. 21CV381366 DECLARATION IN SUPPORT OF JUDGMENT PURSUANT TO C.C.P. § 585(d) EXHIBITS IN SUPPORT OF JUDGMENT D Har ris CA_O41 1G File No.: 21-55262 JUD \OOOQONUILUJNH 00 Q O\ M k DJ N H o o 0° q Q Kl‘l A U N ‘-‘ o STATE OF CALIFORNIA COUNTY OF Midland Credit Management, I'nc., Plaintiff _ -vs- DECLARATION OF TAYLOR BERNTSON - - 1N SUPPORT OF JUDGMENT MAYRA DIAZ, Defendant(s). Taylor Bemtson, whose business address is 16 McLeland Road Suite 101, St. Cloud, MN 56303, certifies and says the following statement in support of Plaintifi‘s Application for Default Judgment: l. I am an officer for and employed as a Legal Specialist by Midland Credit Management Inc. (-"Plaintifl"). Iam a competent person over eighteen years of age, and make the statements herein based upon personal knowledge of those account records maintained by Plaintifl'. Plaintiff is the current owner of, and/or successor to, the obligation sued upon, and was assigned a1] the rights, title and interest to Defendant's SYNCHRONY BANK account XXXXXXXXXXXX7558 (MCM Number 301005573) (hereinafter "the account"). 2. 1 have access to and have reviewed the electronic records pertaining to the account maintained by Plaintifl‘and am authorized to make this afl'idavit on Plaintifi‘s behalf. The electronic records reviewed consist of data acquired from the seller or assignor when Plaintiff purchased or was assigned the account, together with records generated by Plaintiff in DECLARATION OF TAYLOR BERNTSON IN SUPPORT OF JUDGMENT - 1 lllfillfilflllllfllfllflfllllllllfllllfilflll lflfillllllllfllllflIflfllflfllfilfllfifilllflmlllflfl IHWIIIIIIHHIMIEIHHHEHIIF 301005573 AFFRECMEDIA 21-55262 \DOOQQUIAQJNH m \l C\ LII -b Lu) N H o \O 00 N ON U! b LJJ N fl O ’records provided at the time of purchase or assignment, are Plaintifi's primary source of connection with servicing the account since the date Plaintifi‘purchased or was assigned the account. In addition, I reviewed the document's that are attached to this aflidavit. 3. I am familiar with and trained on the manner and method by which MCM creates and maintains its business records pertaining to this account, which consist of (i) data and documents acquired from the seller, and (ii) subsequent collection and/or servicing activities by MCM. The records are acquired or created, and are kept in the regular course ofMCM’s business. 1t was in the regular course ofMCM’s business for a person with knowledge of the subsequent collection and/or servicing activities recorded to make the record or data compilation, or to transmit information thereofto be included in such record, or for such information to be posted in MCM’s records by a computer or similar digital means. In the regular course ofMCM’s business, the record or compilation of the subsequent collection activities is made at or near the time of the act or event by MGM as a regular practice. 4. On 0r about 2019-02-26, Midland Credit Management, Inc. became the successor in interest to this account. Plaintiff acquired and incorporated the attached account records into its permanent business records as a result ofPlaintifi‘s purchase or assignment ofthe account. These records are kept in Plaintifl's regular course of business and, along with the electronic business records for this account. 5. The accuracy of such records is relied upon by Plaintifl‘ in collecting this account. These records are trustwonhy and relied upon because the original creditor was required to keep careful records of the accbunt at issue in this case as required by law and/or sufi‘er business loss. 6. This account was purchased afier 2014-01-0] and, therefore, is subject to California Civil Code Section 1788.60. 7. In accordancé with California Civil Code sections l788.58(a)(3-8), Plaintifl’s repords show the following relevant information concerning the account: a. Plaintiff is the sole owner of the account. DECLARATION OF TAYLOR BERNTSON IN SUPPORT OF JUDGMENT - 2 lflflllllllflfilflllllllflflfllflflfllllfilllfl lflfllllflfllflfllfllfiliflflfilfllflflfllflfllflfllflfl IIIHHEIIIEIIIHMEIIEIIIIWIWH 301005573 AFFRECMEDIA 21-55262 \O m \l m {II A- DJ N |- NMNNNNNNMHHH---~ mummth-oxoooqoxm-b-wwv-o b. The account was opened on 201 7-10-16 and charged-ofl' on 2019-0] ~l 8 with a balance of $22,1 50.72. ' c. Plaintiff‘s records show that the balance of $20,700.00 remains due and owing as of 2021-06-06. Plaintifi' is not seeking lo recover any post charge-ofi‘ interest and/or fees that. may have been imposed by the charge-ofl” creditor or subsequent purchasers ofthe debt and is seeking to recover only that pertion of the charge-ofl‘balance that. remains due and owing as of 202 1-06-06. d. The last payment posted to the account on 2020-02-1 3. e. The charge-ofi‘ creditor name and address at the time of charge-ofi‘: SYNCHRONY BANK, 170 ELECTION RD SUITE 125, DRAPER, UT 84020 f. . The charge-ofi‘ account number associated with the debt at time of charge-ofl’ was XXXXXXXXXXXX7558. g. Defendant's name and last known address as it appeared in the charge-ofi‘ creditor or debt owner's records prior to the sale to Plaintifi‘: MAYRA DIAZ, 1350 FOXDALE LOOP APT 502 , SAN JOSE, CA 95122-1088 h. The complete chain of title including SYNCHRONY BANK and all post charge- ofi purchasers/assignees of the debt are as follows: l. SYNCHRONY BANK 170 ELECTION RD,SUITE 125,DRAPER,UT,84020 2. Midland Credit Management, Inc. 350 CAMINO DE LA REINA,SUITE 100,SAN DIEGO,CA,92 1 08 8. Plainfifl's records show that Plaintifi or its agents made demand for payment ofthe balance herein prior to making this afi‘idavit and Defendant(s) failed to fiaake full payment of the amount owed on the account. 9. Attached hereto as Exhibits A, B, and C are the account records I reviewed ’in executing the afiidavit that relate to the account and/or payment(s) received. DECLARATION OF TAYLOR BERNTSON IN SUPPORT 0F JUDGMENT - 3 IflEflilfilflflfilfllflllllHfllfll Iflllliflfilllfllmlflfillfilfilfifimull Iflflflllllgllflflfltlllfilm 301005573 AFFRECMEDIA -55262 U: h Lad N ©W~JQ '10 l2 l3 14 15 16 l7 18 l9 20 21 22 23 24 25 26 27 28 Exhibit A. Chain ofTitle and Seller/Assignor Data Sheet - establishing the facts required under Civil Code sectiobns 1788.58(_a)(3), (4), (5), (7) and (8) Exhibit B. Monthly Statement Recording a. Purchase Transaction, Payment, or Balance Transfer - establishing the fact required under Civil Code section l788.58(a)(5) Exhibit C. Final Billing Statement or other Records - establishing the facts required under Civil Code sections ]788.58(a)(4) and (6) 10. The documents attached hereto are true and correct ccpies ofthe originals, being a reproduction of Plaintifi‘s records, based upon my review, except to the extent that confidential and privileged information and/or personal identifying information is omitted or redacted as required by local rules, and applicable state and federal law. l l. If called to testify as a witness thereohJ could and would competently testify as to all the facts stated herein. I declare under penalty of perjury under the laws of the State of California that the foregoing statements are true and correct. JUNZS 202! Dta e fifififl CA137 DECLARATION OP TAYLOR BERNTSON IN SUPPORT OF JUDGMENT - 4 Illlllllfllflfillflfllflflflflflflllll lllllflillfllllfiléllfllllflllfillMMlflliElflli lflfifillfilflllflliflflfllflfillfillflfi 301005573 AFFRECMEDIA 21-55262 EXHIBIT A QEE synchrony BANK, 4125 Windward Plaza Mphamtla, Ga. 30005-8378 BILL ofSALE Midland {-MLFS} - PSCC Fresh - Februau 2019 For value received and in fimhcr consideration ofthe mutual covenants and conditions set fonh in the Forward Flow Accounts Purchase Agreement (the “Agreement” , dated as of the 30‘" day of August, 2018 by and between Synchrony Bank formerly known as GE Capital Retail Bank; RFS Holding, L.L.C.; and Retail Finance Credit Services, LLC (collectively “Seller“) and Midland Credit Management, Inc. (“Buyer"), Seller hereby transfers, sells, conveys, grants, and delivers to Buyer, its successors and assigns, without recourse except as set forth in the Agreement, the Accounts as set forth in the Notification Files, delivered by Seller to Buyer on or about Febmary 20, 2019, and as fimher described in the Agreement. Capitalized terms not defined herein shall have the definition ascribed in the Agreement. With respect to information for the Accounts summarized in the Notification ' Files, the Seller represents and warrants to Buyer that (i) the Account information constitutes the Seller’s own business records and accurately reflects in all material respects the information in the Seller's database; (ii) the Account information was kept in the regular course of business; (iii) the Account information was made at or near the time by, or fi'om information mmined by, a person with knowledge of the data entered into and maintained in the Account’s database; and (iv) it is the regular practice of the Seller’s business to maintain and compile such data. 8'ch _ Retail Fina‘nce Credit Servicés,.LLC L °her . ' = " Title: ' . P; Recovery Operations RFS-Holdiug, LLC By: L- Lynne fifier Title: Attorney In Fact Purchase Price Reconciliation/Funding Instructions February 21 , 201 9 T0: Midland This FORWARD FLOW ACCOUNTS PURCHASE AGREEMENT, is made this 30th day of August, 201 8 (the “Effective Date”), by and between Synchrony Bank formerly known as GE Capital Retail Bank; RFS Holding, L.L.C.; and Retail Finance Credit Services, LLC (collectively, “Seller”) and Midland Credit Management, Inc. (“Buyer”) with reference to the following facts and circumstances: Portfolio RMS NG Agcy_At§y Code MLFS Total Number of Accounts - Outstanding Balances on Transfer Date - Cut-Off Date February 20, 20] 9 Transfer Date . February 20, 20 l 9 Purchase Price Factor - Purchase Price - 0% Holdout - Amount of Wire transfer - Date ofFunding: February 26, 20] 9 Bank: ABA No. - Account No: - Account Holder: Location: - AFFIDAVIT OF SALE OF ACCOUNT BY ORIGDIAL CREDITOR State of Florida County of Seminole Paola N. Medina being duly sworn, deposes and says: Iam over 18 and net a party of this action. I am a Media Representative of Synchrony Bank formerly known as GE Capital Retail Bank. In that position, Ihave access to creditor's books and records, and am aware of the process of the sale and assignment of electronically stored business records. On or about 02/20/2019 Synchrony Bank formerly known as GE Capital Retail Bank sold a pool 0f charge-off accounts (the Accounts) by a Purchase and Sale Agreement and a Bill of Sale to Midland Credit Management, Inc. As part of the sale of thc Accounts, electronic records and other records were transferred on individual Accounts to the debt buyer. These records were kept in the ordinary course of business of Synchrony Bank formerly known as GE Capital Retail Bank. The Creditor has a process to detect and correct errors on these accoungs. The above statements are true to the best of my knowledge. Sighed this 8th day of March, 2019 Paola N. Medina Signed and sworn to before me this 8th day of March, 2019 (Notary Stamp) e“ "'I,, SHIARA AGOSTO#:wsme of FIorida-Nétery Pubflc 75' '5" C&mrgissl‘on (I GG 134'404' ,a s om ' ' ‘w mgmsrméfi'ms NY AOS 1.3 2/1/2017 - Sl. Paul CERTIFICATE OF CONFORMITY UNDER NYS CLS CPLR § 2309(c).AND NYS-CLS RPL § 2994a The undersigned does hereby certify that he/she is an attorney-at-law duly admitted to practice in the State of Florida and residing in the State of Florida; that he/she is a person duly qualified to make this certificate of conformity pursuant to Section 299-a of the Real Property Law of the State of New York; that he/she is fully acquainted with the laws of the State of Florida pertaining to the acknowledgment or proof of affidayits; that the acknowledgement or proof upon the foregoing Affidavit of Paola N. Medina was taken by Shiara Agoéto, a notary public in the State of Florida, in the manner prescribed by the laws of the State of Florida, being the state in which the Affidavit was taken; and, based on his/her review thereof, that the notarized Affidavit conforms to the laws of the State of Florida in all respects. Witness my signature this 8th day of March, 2019 7/5 7 Alexandria Gordon Attomey-at-law, State of Florida. Field Field Data Account Number -558 First Name MAYRA Last Name DlAZ SSN XXX-XX-2423 Date of Birth _ Address 1 1 350 FOXDALE LOOP APT 502 City SAN JOSE State CA Zip 951 22-1088 Open Date 10/1 6/2017 Last Purchase Date 11/30/2017 Last Payment Date 07/06/201 8 Last Payment Amount $250.00 Sale Amount $22, 1 50.72 Charge Ofi Date 01/1 8/2019 Charge off Balance $22,150.72 Post Charge Off Interest $0.00 Post Charge off Fee $0.00 Post Charge off Payments and Credits $0.00 Affinity CARECREDIT Account information provided by Synchrony Bank former1y known as GE Capital Retail Bank pursuant to the Bill of Sale/Assignment of Accounts transferred on or about 02/26/2019 in connection with the sale of accounts from Synchrony Bank formerly known as GE Capital Retail Bank to Midland Credit Management, Inc. Midland (MLFS) - PSCC Fresh - February 2019 EXHIBIT B CARECREDRT/SYNCHRONY BANK MAYRA A OIAZ Account Numbot: -755 Slstemenl Closing Data: OIQOIZOIB Pay online for free at: mysynchrony.com For Synchrony Bank customer service or to report your card lost or stolen. call (1665893-7860. Best limos lo call ate Wednesday - Fdday. Summary of Account Activity . Payment Information vaious Balance 519,335.54 New Balance 519569.22 + Now pmcham saga Minimum Payment This Period 5680.00 - Payments $250.00 Amount Pas! Due 5662.00 a4- Ctefits. Fees a AdjustmeMs (net) $38.00 Total Minimum Payment Due $1,342.00 4- laws“ Charge (net) 5445.63 Payment Due Date osnzlzom "W 33‘9"“ 519-559” PAYMENT Due av s m. EASTERN 0N THE Due DATE. cred“ Um“ 52030050 gangymon your payment lnlo an datum debit. See Avaflabte Credit 5630.00 Days in Blltlng Period 31 Lam Payment Warning: lIwe do not mcelvo your Total Minimum Payment Due by Ihe Payment Duo Date listed above. you may have lo pay a late {ea up to $38.00. Minimum Payment Warning: Making only ma Tole! Minimum Payment Due win Increase the amounl o! lnlerest you pay end the time It lakes to mpay your balance. Far exampla: ll’ you make' no You wm pay ofi And you wiiTend up additional charges the balance showmpaylng an estimated uslng this cam and on this statement tom of each month you in about Oniy lhe nu'nimum 29 years 559.456.00 payment ll you would fiko Information about audit emmsel‘mg services. mil 1-877-302-8797. [Transaction Summary Tran Dale I Post Daze TRererence Number I Desaipuon Amount 071062018 071060018 9907200301DWSPBW PAYMENT - THANK YOU (5250.00) FEES 07l12/2016 07/12/2018 LATE FEE 538.00 TOTAL FEES FOR THIS PERIOD 838.00‘ Conflnuad on next page ‘ NOTICE: See reverse side and addfllonal pages (K any) lo: Emporium Information coming your account. sac: am 1 1 n 190120 n pm: 1 o: a 901: zaoo m9 amasaa: Puyauhaumnchmmmwmuhwwm-mhmmmmbmumm -' foal Minimum Past Due Payment New Aceoun! Number Payment Due Amount Due Dam Bnlanco 51342.00 $662.00 osnmom 519,569.22 -7ssa WM“ $ DUDE D. Payment due includes S 662.00 past due. Ptaase pay (he past due amount PROMPTLY.Now address or mall? Cheek Iho box at Ion and print changes on back MAYRA A DIAZ 1350 FOXDALE LOOP APT 502 SAN JOSE CA 951 22-1088 3 Mata Paymenl to: SYNCHRONY BANK PO BOX 980061 ORLANDO. FL 32896-0051 D Transaction Summary (Continued) Tran Data I Post Data l Romance Number Tmscipflon T Amount INTEREST CHARGED 0712mm 0712m018 IMEREST CHARGE ON WRCHAses 5445,66 TOTAL lNI’EREST FOR THIS PERIOD $445. 2018 Totals Year-to-Date Total Foes Charged in 201B $221.00 Tots! Interest Changed In 2018 53.19822 Tots! Imam: Paid [n 2018 $71.00 Interest Charge Calculation Expiration Data Annuai Balance Sublect lo Interest Charge Type of Balance Perconlago Inlaml Rate _ Rm. (APR) _ Purdiafl NA 23.99% $1 9.441.01 945.68 New Promotional Financing Plans This notice Is to Isl you know about some promotional finandng plans [hat may be avaltauo {or you when you use your card for future purchases. 1N3 Is cnty a summaty' cl key tems. A! Gmcs. wu may ofler you alhor promotional f'mandng plans for mnnln purd'lasas. Delafls of evaflabfe promotions Will be wovidad tn you at lho lime at you: tmnssdbns. Nal all pians or at! plan pedods win be availabre at wary retaiw. For purposes cl (his nouamuon. your Purchase Annua! Percentage Rate ('APR“) ls 26.99% See the Interest Charge Celwlaflon soufon of lhis bfiling statement lo dalemfine l! lhls APR is variable. El n (v) ls shown next to your APR. this APR wifl vary Mlh lha market based on the prime rate. Subiw lo cmdil appmval. Regular account terms apply to mmmnouonal purchases and. aflnr momab'on ends. lo promotional purchase. No Interest if Paid Within Pmmoflonal Perlad (Those can be advertised as Damned Interns! promotions) Undo! (his ptomoaon. no lnlores! Charges will be assessed i! tho pmmolbnalwarm balance Es paid in tut! whim (ha prumotionnl period. ll the promotional purchase balance (a not paid In tun by the and o! the promoflonel period. Intemst wit be Imposed from the daie of purchase at the Purchase APRstated anon. Minimum o: fixed monthly payments era required. Tris ptnmounn may be offered {or periods u! 6. 12. 10, or 24 months. Please keep this for your records." yau have any questions. please mn us at the Customer Sonia: numb» shown on your slelamenL Cardholder News & lnfomlatlon In order to protect your account privacy. we am unable to provlda account (Monnaflcn lo anyone other man lha mrdholdods) o: an authorized patty. l! you wish to permit us to speak lo an aulhodzad pafly sudt as a spouse about your eccwnt. please sand wrinan authorizafion la [he Genera! Inquiries address. Synchrony Bank may continua lo obtain Intonnafiun, Including employment and (name [Mamauon tram others aboul you (Including requesting reports from consumer repofling agendas and othei soureos) to mvfiew. malmnin or coflad your account. YOUR ACCOUNT ES PAST DUE. PLEASE PAY THE MiNIMUM PAYMENT DUE OR CONTACT THIS OFFICE AT THE PHONE NUMBER USTED ON YOUR STATEMENT. 5303 DP“ 1 7 11 190120 DPAGB 20f 3 9072 2306 C649 01965302 5332 DP“ 1 7 1? 180120 DPME 3 o! 3 907: I300 C659 01065302 EXHIBIT C CARECREDITISYNCHRONY BANK MAYRA A DIAZ Amount Number: Statement Closing Date: 7558 1J20I20" 18 Summary of Account Activity Payment Information Previous Batanoe 521,574.36 + New Purchases 50.00 - Payments $0.00 +1. cmmts. Fees 8 Miusunents (not) 538.00 +I- Inletast Charge (not) $500.36 New Balance $22.1 12.72 Credit Urnll 520.000.00 Avaflabfe Credit $0.00 Overflmfl Amount $2. 1 t2.72 Days in Billing Period 31 Pay amino for {roe at: mysynchronysom For Synchmny Bank customer service or to report your card lea! or stolen. call (1-866a893-7884). Best limes lo call are Wednesday - Friday. New Balance $22.1 1 2.72 Minimum Payment This Period $760.00 Amount Pssl Due 54.18100 ?otal Minimum Payment Due $4,941.00 Payment Due Dale 0111212013 PAYMENT DUE BY 5 PM. EASTERN ON THE DUE DATE. Wa may conveu your payment Into en etmonlc debit: See reverse side. Late Payment Wamtng: [I w‘e do nol receive you: Total Minimum Payment Due by Ina Payment Due Data lined above. you may have lo pay a Minimum Payment Warning: Making only Illa Total Minimum Payment Due wm increase the amount o! internst you pay and the lime II lakes ta repay you! balance. For momma: Into lee up lo $38.00. If you make no You will pay off And you will end up addmonal chames the batance showmpaying an estlmated using thls card and on this statement total o! ... each month you In about” pay _ Only the minimum 29 years 555595.00 Pavmm r: you {mould «Ike [momentum ubaul «edit counsefing swim. ml! 1-877-302-8797. ransaction Summary Tran Date I Post Dale I Rarerenee Number [Damion I Amount FEES 12/1 212018 12l12l2018 LATE FEE $38.00 TOTAL FEES FOR ?HIS PERIOD $38.00 INTEREST CHARGED 1m018 1212M018 INTEREST CHARGE ON PURCHASES 5500.36 TOTAL INTEREST FOR ‘n-ns PERIOD ssooad 2018 Totals Year-to-Dale Total Fees Charged in 2018 5411.00 Total lntaresl Charged in 2018 $5.551 .72 Total Interest Paid [n 2018 571.00 Interest Charge Calculation ExpimUan Date Annual Baianca Subject (o Inlumsl marge Two 0‘88mm Percentage Interest Rate Rala (APR) Purchases NA 26.99% 521.826.“ $500.36 Cardholder News & Information writer: auihorization lo the General lnquldes address. your amour“ onfine. In alder to protad your account Macy. wa ate unaue (o provide account information to anyone other lhon tho mdholdefls) or an authocized party. I! you wish lo permit us to speak to an authorized patty such as a spouse about you: accounl. pfease send You can pay your bin onfine or over me phone. We nafioed youVe been enzoying out easy paperless payment opfions. so we wil no longer be including return envelopes. Youm make wings even assist by selecting (he papefless statement oplion on ' NOTICE: See reverse side end addh'onal pages (fl' any) (or lmpodanl infomaflon concerning your munt. Um X 1 17 $81210 EXPAGEI hymnmmmmymmwmhbwflmvdfifiaaumhflumm DI 1 9072 2300 CGJS OMSJOZ Tom Minimum Past Due Payment New Account number Payment Due Mann! Due Data Batance 34,941.00 $4,131.00 ommms $22,112.72 _7ssa Wed $DUDE D. Paymem due indudes S 4.181.00 past due. Please pay the 9&1 due amour“ PROMFTLY.New address or e-mall? Check ma box at left and pn‘nl changes on back MAYRA A DIAZ 1350 FOXDALE LOOP APT 502 SAN JOSE CA 95122-1088 PO BOX 3D Make Paymenl lo: SYNCHRONY BANK 950061 ORLANDO. FL 328960061